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Ohio Supreme Court Rules for Arshinkoff
- Filed under: Arshinkoff / Coughlin, Local
- Date: Jun 16,2008
Page 7: Conclusion: In summary, the court grants a writ of mandamus to compel Secretary of State Jennifer Brunner to appoint Brian K. Daley to the Summit County Board of Elections. The court denies the Committee's requests for another writ or alternative writs and holds that the Committee's other claims are moot. Judgment according.
Page 10-11, O'Donnell, concurring: Here, the Secretary of State acted outside the authority of the statute by appointing Donald Varian; the limited statutory authorization for making such an appointment arises only when the executive committee fails to make a recommendation. It did not fail to make a recommendation in this case, and the action of the Secretary therefore is outside the scope of the express language of the statute.
PD Story: The Ohio Supreme Court in 4-3 vote Monday ordered Secretary of State Jennifer Brunner to change her appointment of a Republican member of the Summit County elections board. The ruling resolves a harsh partisan dispute that began early this year when Brunner, a Democrat, refused to reappoint long-time Summit County Republican boss Alex Arshinkoff. County Republicans then offered up Brian Daley, an Arshinkoff ally, but Brunner rejected Daley as well. Instead, she appointed Donald Varian, a Republican suggested to Brunner by Democratic elections board member Wayne Jones.
Simply put, Varian will be off the board, and Arshinkoff's hand picked selection, Daley, will replace him. The BOE by all accounts had been running much smoother since Varian took over and a lot of poison in the atmosphere was gone. Many people at the Summit County BOE are getting ready to send out new resumes tonight. It is a shame that so many average people have been caught up in this. A major step back today.
Voting in the majority: Stratton, O'Connor (obviously), O'Donnell, Cupp; Voting in the minority: CJ Moyer, Pfeifer, Lanzinger.
Original post from March 15: I hate to say it, but this all sets up perfect for Alex to play the victim and try to gain sympathy. There is no question that he should not have been back on the elections board. Not now or ever. His conduct there can't be defended. Brunner, in my estimation, probably overstepped her boundaries, and unfortunately I think that will overshadow the fact that Alex was rightfully kicked off the board.
16 Responses for "Ohio Supreme Court Rules for Arshinkoff"
FROM GONGWER NEWS:
A sharply divided Ohio Supreme Court late Monday ordered Secretary of State Jennifer Brunner to appoint the nominee of the Summit County Republican Party to a seat on the Board of Elections, saying her choice of another candidate was improper.
Justices said in a 4-3 opinion that Secretary Brunner should appoint Brian Daley, former director of finance for TRW, Inc., to the elections panel. Mr. Daley is an associate of Summit County Republican Chairman Alex Arshinkoff.
The Summit County Republican Executive Committee had accused Ms. Brunner of acting in concert with her Democratic Party “political henchmen” in “bushwhacking” first Mr. Arshinkoff, whose appointment she rejected, and Mr. Daley from the elections board.
Republicans said she failed to follow state law in her unilateral appointment of Donald Varian, a Republican that Democratic Party Finance Chairman Wayne Jones recommended as the GOP representative on the panel. Mr. Varian is an Akron attorney.
Justices, in an unsigned opinion Monday, ordered Secretary Brunner to appoint Mr. Daley to the board of elections in place of Mr. Varian.
However, the court rejected a GOP request to vacate certain decisions in which Mr. Varian participated during his brief tenure. On March 5, for example, the newly formed board terminated the employment of seven staff members.
“Although the court now holds that the secretary’s appointment of Varian was improper because she should have appointed Daley, Varian held his office as a member of the board of elections under color of law, and the committee is not entitled to an other writ to collaterally attack his decisions,” justices said.
Making up the majority that ordered Mr. Daley’s appointment were Justices Evelyn Stratton, Maureen O’Connor, Terrence O’Donnell, and Robert Cupp.
Dissenting were Chief Justice Thomas Moyer and Justices Paul Pfiefer and Judith Lanzinger.
Sen. Timothy Grendell (R-Chesterland), who represented the county party, had argued a secretary of state is required by law to appoint the person a political party executive committee recommends, unless she finds the person would not be a competent member of the board.
Secretary Brunner contended in response that she believed Mr. Daley, a former Hudson City Council president, was not competent for the elections post.
Justice O’Donnell issued an unusually frank, separate concurring opinion that responded to arguments Justices Moyer and Pfeifer raised in their dissents.
“I pay no heed to Justice Pfeifer’s coy argument that the statute does not specifically authorize a mandamus action for a second recommendation,” he said at one point.
“I also take exception to his mischaracterization of my opinion, suggesting that it converts the committee’s right to make a recommendation into a right to appoint. The statute plainly fixes the appointment authority with the secretary of state. His analysis only confuses the issue,” Justice O’Donnell said.
“In addition, I take strong exception to the Chief Justice’s misstatement that my view is ‘a break from our previous decisions.’ This is a matter of first impression in Ohio, as this court has never considered a case involving rejection of a second recommendation. Politely, there is no previous decision involving rejection of a second recommendation,” he said.
“Finally, I think that the Chief Justice’s mischaracterization of my view of this statute, implying that I have morphed the committee recommendation into a committee appointment, is disingenuous,” Justice O’Donnell said.
In his dissent, Justice Pfeifer said the majority had granted the order sought on the basis on an argument never raised and to which Secretary Brunner never had an opportunity respond.
“Ohioans learn something new today: two wrongs can make a writ,” he said.
“Through a unique bit of judicial alchemy, two unrelated concurring opinions that were each able to garner the support of only one other justice have combined to produce four votes to grant a writ of mandamus,” Justice Pfeifer said.
“A majority of this court thus announces the granting of a writ of mandamus, but cannot exactly put its finger on why; it grants a writ of mandamus on the basis of an unclear legal duty. Especially disturbing is the fact that one of the concurrences is based upon a theory of relief so novel that the relator never raised it,” he said.
Wow is this story ever going to end?
Actually, the Court denied the party's writ seeking to place the fired employees back in to their old positions. They are gone…till the next reorganization meeting. Surprising that O'Connor did not recuse herself based on statements made in support of Alex. The judicial reasoning is also suspect as it claims that the Second pick was essentially not to be held to the same scrutiny as the first denied pick. Lucas County vs. Brown granted broad authority to the Sec. of State to make decisions. The language of 3501.07 was left broad for a reason, he/she is an elected official that comes into the job with her own vision. Removing the board member is defined narrowly. Bad decision by the Court that ventures into the realm of defining legislative intent.
what a joke
what a joke
Justice Pfeifer's dissenting opinion makes for interesting read taking to task the majorities role in judicial activism.
o'conner has publicly said that se supports alexis, has said if it was not for alexis she would not be where she is at today. She is also violating Judicial Cannan, simply put she did not recuse herself. If she would have done that it would have divided the Supreme Court desision and threw it back to Brunner. We all of course know what she would have done. Is it not ironic that Brunner had done what a real Republican would have done, the right thing.
It would not have thrown it back to Brunner, but another judge would have been put in O'Conner's place. That should have been the logical course of action based on O'Conner's statements.
Big surprise. O'Connor delivers for her daddy. At the end of the day,, Arshinkoff is still on his last leg, presiding over an empty shell of a party festering with naer-do-wells, eggheads, and gays. His fundraising is way down and his prospects of winning elections anytime soon are bleak. His fair haired boy toy John Widowfield is likely to spend time in prison soon, having slinked out of Columbus in disgrace without even saying goodbye. His other fair (but thinning) haired boy toy Don Robart will face the fight of his life for re-election next year. McCain thinks he's dirty. Kasich thinks he's crazy. His wife thinks he's straight.
Board of Elections?? Eh, whatever. Enjoy being king poop on mt. turd. That is, until they finish him off. Not even a question of whether he'll be finished off, but when.(And I don't mean the way he gets finished off during his weekend jaunts to Washington DC)
I quess the decision makes sense but Alex is still a vindicitve little dictator and if there is a god he will have his day.
They wrote something in the opinion how newly appointed employees have to stay through the term. of course something can always be dug up on them to justify it
Saturday June 14, 2008
Dear Friend,
Ohio is in trouble. I recently visited with young professionals in Cuyahoga
County and got an earful. Many of our most promising Ohioans believe there
is no future for them here and that in order to advance their careers, they
will eventually have to leave the state.
Decisions made today will determine what Ohio looks like in the year 2020. I
envision a state that is an attractive employment destination thanks to a
flourishing knowledge-based economy, a thriving cultural life, vibrant cities,
and a good quality of life where our children can grow to be healthy, safe
and strong.
The wrong decisions today can lead to a very different scenario by 2020. Our
population could drop dramatically, taking with it the best and brightest
minds and leaving a waning economy. Our cities could become hollowed out and
ghettoized. And Ohioans around the nation could increasingly view their state
as backward and irrelevant.
Reviving Ohio's economy is a bipartisan priority. For those who have a stake
in Ohio's future, it's the only priority.
That's why I believe that Ohio needs a new generation of leadership. Often
in politics, leaders promise to be visionaries who will "turn around Ohio."
All too often, those slogans and promises turn out to be empty.
Ohio's challenges are too serious to simply be managed. They require
forward thinking leadership that is in touch with our common values. Our citizens
deserve leadership that is bold enough to share a detailed vision and is
energetic enough to turn that vision into a reality.
I want you to be the first to know that I will be spending the coming months
discussing what my contribution can be toward building a Whole New Ohio with
my family, friends, and supporters. By Thanksgiving, I will decide whether
to seek to lead our state in 2010.
My time in politics has taught me three iron-clad rules:
• Start early
• Don't take anything for granted
• Get the best people involved
With that in mind, I'm reaching out to you today for help. No matter the
amount, your financial support will help me continue to fight for our values
and to build a Whole New Ohio.
Please take time today by clicking the link below and making an instant and
secure online donation to my campaign. No matter the amount you are able to
give, your support will be greatly appreciated and prudently used.
As always, individual taxpayers who contribute to my campaign will receive a
dollar-for-dollar credit on their Ohio income taxes in the amount of $50.
Joint filers receive a $100 credit. So you can actually help jump start this
effort with a contribution that won't end up costing you dime.
The 2010 election is important for our party, as well. Like Ohio itself,
our party needs a rupture from it's past. When our citizens see and hear Ted
Strickland, they don't see Ohio's future. But they aren't equating our party
with the future either. We must re-brand our party. Not by changing our
values – most Ohioans share our outlook on almost every issue.
The first rule of any party with aspirations to govern is to understand the
aspirations of the people and how they change with time. What do Ohioans
want today? They want to believe in Ohio's future again.
If we're going to be the party of the future we need candidates with the
energy, courage, hope, competence, and optimism to rally the people of this
state and to create a Whole New Ohio.
This is a crucial time. Ours is a crucial effort. Not just for the values
we share, but for the survival of this state we love. Please join me with
your support today. Together, we can do so much more that cheap sloganeering.
We can truly transform Ohio and secure it's place as a great place to live,
work, and learn for generations to come.
Kindest regards,
Senator Kevin Coughlin
NO WAY OCONNOR SHOULD HAVE BEEN PART OF THIS
brunner is a hack and she tried to take over the other side's election board and you people bought it hook line and sinker
aLDEN t You are either a hack or a tool of alexises or maybe the queen herself. There will be a time your money machine will dry up and it is coming quick. You will no longer buy the process ever again. Have fun for now till then.
BBT, I would agree with that. No doubt about it.
Arshinkoff should endorse Obama, McCain would shoot up in the polls.
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